Official denied bail over Venezuela envoy killing

A senior official at the Venezuelan Embassy charged with the murder of the country’s ambassador to Kenya has been denied bail.

Mr Justice Nicholas Ombija said he could not grant first secretary Dwight Sagaray bail as there was evidence he could collude with friends to interfere with witnesses.

“Most of the witnesses are subordinates at the embassy and fear for their lives if he is released and gets to meet his co-accused and close friend, Mr Mohamed Ahmed Hassan, who is still at large despite a warrant of arrest against him,” said Judge Ombija.

He said there was a likelihood of him colluding with Mr Hassan to defeat the course of justice.

Mr Sagaray is charged with the murder of acting ambassador Olga Fonseca. She was strangled to death at her official residence in Nairobi’s Runda Estate on July 27, 2012.

The diplomat is charged alongside Mr Hassan who went missing after the death.

Mr Sagaray had applied for bail, saying he was a master’s student at the University of Nairobi and his stay in custody would disrupt his studies.

Immediately after he was denied bail, Mr Sagaray made an application challenging the waiver of his diplomatic immunity.

He said this contravened the Vienna Convention and wanted a declaration that Kenyan courts had no jurisdiction to try him.

“The court should declare that the accused enjoyed diplomatic immunity when he was arrested and that his detention on July 27 was illegal as it was based on an invalid waiver of his diplomatic immunity,” said his lawyer, Mr Stephen Ligunya.

He said there was no direct evidence linking Mr Sagaray with Ms Fonseca’s killing and accused the prosecution of withholding evidence against his client.

The application will be heard on November 12.